AFK Sistema demanded to replace the court

AFK Sistema, with which Rosneft and Bashneft are trying to collect 170.6 billion rubles, filed an application with the Arbitration Court of Bashkiria with a request to transfer the case to another arbitration court. This was confirmed by the representative of Sistema.

The company notes that violations were committed when Sistema twice claimed the challenge of the judge in the case. This issue was not considered at a separate meeting with listening to the views of the parties. Violation of the procedural form of consideration of the application for the challenge of the judge resulted in violation of the secrecy of the advisory room, Sistema says.

In addition, the company claims that the chairman of the Arbitration Court of the Republic of Bashkiria demonstrated "bias and impartiality in respect of the dispute" between Rosneft and Bashneft against AFK Sistema and its subsidiaries. Sistema filed a complaint, in her opinion, with the unlawful actions of the chairman of the Arbitration Court of Bashkiria to the president and concludes that the legal composition of the court can not be formed.

The "System" refers to the Administrative Procedure Code, which states that the arbitral tribunal transfers the case to another arbitration court of the same level, if after the challenge of one or more judges it is impossible to form a court structure for the consideration of the case.

The complaint against the actions of the chairman of the Arbitration Court of Bashkortostan Igor Arsenov Sistema was sent to the Presidential Administration, the Supreme Qualification Board of Judges and the Chairman of the Arbitration Court of the Urals District. The representative of Sistema confirmed that the complaint was sent.

The defendant in the case of 170.6 billion rubles said that the procedure for considering the application for the challenge of a judge, which is provided for by the Code of Administrative Procedure, was violated. "System" twice tried to replace the judge in the process, but in both cases it failed. In particular, the chairman of the Arbitration Court, on the basis of Sistema's application, was to hear the opinion of the parties participating in the case on the challenge of the judge, as well as the opinion of the judge himself, which was not done. "The system" asks for an audit, "and take the necessary measures."

"Our opponents demonstrate all kinds of contempt for legal legal procedures and institutions," said Rosneft representative Mikhail Leontiev. The prosecution has more than once complained in the very court of Sistema's attempts to delay the process.

"Bashneft" and "Rosneft" in the Arbitration Court of Bashkiria are trying to compensate for the damage from the restructuring of Bashneft in 2014, it follows from the materials of the claim. The restructuring had "economically extremely negative results for the society," the document states. It also says that Sistema conducted "deliberate and deliberate actions to inflict damage to Bashneft, and the reorganization itself was a" withdrawal mechanism "from Bashneft. The plaintiffs' questions caused, in particular, the separation balance sheet - it was signed after an extraordinary shareholders meeting was held on February 3, 2014, at which it was approved, they presented a position in court. "Sistema" believes that the separation balance sheet was formed correctly. "73.3 billion rubles went to the AFK. Of the debt, to Bashneft - 80.6 billion rubles. "- says the certificate. And the company considers all the claims of Rosneft and Bashneft to be untenable.